5. Accomplice

Question 1

What type of parties are there to a crime under common law?

Answer 1

Principal in 1st degree
- Engage in act/omission of crime

Principal in 2nd degree

1) Aid/Command/Encourage Principal
2) Present at scene of crime

Accessories before fact

1) Aid/Encourage Principal
2) NOT present at scene of crime

Accessories after fact

1) Aid Principal to avoid arrest/conviction/trial (NOT charge/indictment)
2) Knowledge of Principal’s commission of crime

Question 2

What type of parties are there to a crime under modern statutes?

Answer 2

Principal

• Engage in act/omission of crime
• Act through ‘innocent’ agent

Accomplice

1) Aid/Command/Encourage Principal
2) Before/During commission of crime

Accessories after fact

1) Aid Principal to avoid punishment/arrest
2) Knowledge of Principal’s commission of crime

Question 3

What type of mental state must Accomplice possess if act requires intent?

Answer 3

1) Intent to assist Principal in committing crime

2) Intent that Principal commits crime

Question 4

What type of mental state must Accomplice possess if act requires recklessness/negligence?

Answer 4

1) Intent to facilitate commission of crime

2) Act with recklessness/negligence

Question 5

Is mere knowledge of the potential crime sufficient as mental state for Accomplice?

Answer 5

Sale of goods in furtherance of crime

• Procure illegal item
• Sell at higher price due to Buyer’s purpose (claim stake in the venture)
• NOT sell at ordinary price

Question 6

What crimes are Accomplice responsible for?

Answer 6

1) Crimes committed/aided by Accomplice

2) Crimes committed by others during course of committing contemplated crime (foreseeable/probable)

Question 7

Does Accomplice’s liability depend on Principal’s conviction?

Answer 7

Common law
- Yes: If Principal is convicted => Accomplice is liable

Most states
- NO: If Principal is/NOT convicted => Accomplice is liable

Question 8

How may legislative intent exempt Accomplice from liability?

Answer 8

Members of a protected class (express legislative intent to exempt)
- Statute intends to protect accomplice from exploitation/overbearing (who would be liable)

Necessary parties NOT provided for in statute (presumed legislative intent to exempt)

• Statute imposes liability on one of the participants, not the other
• Generally sale of goods

Question 9

How may withdrawal exempt Accomplice from liability?

Answer 9

If Accomplice merely encouraged crime => Repudiation required BEFORE crime

If Accomplice went beyond mere encouragement of crime (provide material to Principal) => Must neutralise assistance BEFORE crime (do everything possible to retrieve material provided)

If impossible to withdraw by above methods => BEFORE crime;

• Notify authorities
• Take other action to prevent crime

Question 10

Can Accomplice be charged as an accomplice?

Answer 10

NO

- Charged for crime (NOT for being accomplice)